Use of Small Refinery Exemptions Hangs on Definition of “At Any Time”

The 10^th Circuit Court ruled that small refinery exemptions (SREs) must be continuous since 2011 in order for the small refinery to eligible for an ongoing exemption. In oral arguments delivered on April 27,  small refiners believe that SREs are available as needed and that they are allowed to re-apply “at any time” a hardship develops. 

Justice Thomas felt the argument was “odd” in that a refiner could ask for an exemption for something that has terminated. Counsel responded that benefits should be available to small refiners despite a brief lapse in time. This defense seemed to become shaky when Justice Kagan used the example of a small refiner not receiving an exemption since 2011 and was profitable and able to meet obligations through…